DC v. GJB and CS – London

The Claimant was riding his bicycle home from work after completing a shift at around 11:30pm. The Claimant was wearing high-visibility clothing and the bicycle was well lit. He was already established on a large roundabout when the Defendant emerged ahead of him, failing to accord precedence (to give way to the right), causing the Claimant to collide with the offside flank of the vehicle. As a result, the Claimant sustained an injured right hip / fractured neck of femur and associated injuries.

The Claimant was admitted to hospital by ambulance, where he underwent emergency surgery for fixation of the hip and treatment of other injuries. He spent several weeks in hospital before being discharged home.

After convalescence and extensive physiotherapy, the Claimant was left with considerable pain, discomfort and compromised physical function. Prior to the accident, he had worked in the construction industry undertaking specialist groundwork. Post-accident, he experienced difficulty climbing stairs, bending, squatting, weight-bearing and moving across uneven ground. He was unable to return to his previous work.

Following the issue of proceedings, liability was conceded and an out-of-Court settlement was eventually agreed, with substantial damages recovered for pain, suffering and loss of amenity. In addition, damages were recovered for past and future loss of earnings and for the gratuitous care received from family and friends.